High Court Karnataka High Court

Sri M Rajanna S/O Late Muniyappa vs United India Insurance Co Ltd on 14 October, 2009

Karnataka High Court
Sri M Rajanna S/O Late Muniyappa vs United India Insurance Co Ltd on 14 October, 2009
Author: H.Billappa
IN THE HIGH COURT OF KARNATAKA, BANGALORE

DATED THIS THE 14*" DAY OF OCTOBER 2009
BEFORE

THE HONBLE MRJUSTICE H.BILLAPPA__   R  B

M.F.A.No.11997 OF 2006 {MV]   B
BETWEEN: O

Sri.IVI.Rajanna.

8/ 0. Late Muniyappa,

Aged 38 years,

R/a No.11, 831 Main.

8th Cross, Shivanagar, .

Rajajinagar,      
Banga}ore-- 560 010.     ,";;APPELLANT

{By   
AND:  O A  O O O'

1. United India Iné.u_ran.Ce C0.E;td.,
_{)..O.VI.II.; CKN Cha'mb§:rs«,.
I-V,415€'F10dr,' 15S1'.M'a.in Road")
No.25;~SVha;1}=:araI1arayana Bldg. ,
Bangaiore  560 50021.

 V By Its.Manage'1j'--i 

  Shariff,
" "  AR./'$1 No.10;-10"! Main,

 A}rJ{iyaf':--pa Garden,

  M.N2_1gar;' Yeshwanthpur,
'  .__Bé1ng;a10re. ...RESPONDEN'I'S

L/



{By Sri.U.AbduI Khader, AdV.For R-- 1)

This MFA is filed U/S173 (1) of MV Act agathstiithe.
Judgment and Award dated 31.3.2006 passecii iri" .
NO.303/2004 on the file Of VII Add]. Judge, Member, BI§ACT~3,--  
Court of Small Causes, Metropolitan» Are:'a;""'-Bangaloree. 
(SCCH«~3), partly allowing the Claim Petitiori' fQr"4.cor11p_en_sati0n 

and seeking enhancement of Compensafiony" ~ '

This MFA coming for Admiss'iQr1   

delivered the f0110wing:--

J U I}   

This appeal is directed   and award,
dated 31.3.2006,  by th_e "Ba~r1ga1ore, in MVC

No.303/2004;; _ 4 % %
2.  'thei  and award, the
Tribunal has graitte-id ,(:'0rriper1'sati0n of Rs.1,15,000/~ with

in;.,ga;.tEaSt  f1~0fi1""the date of petition till the date of

. pay1fié.n'Q  it i[f'rf  V

3.  by that, the appeuant has filed this

' " agg-peai.. seeking' enhancement.

1'/..



4». In brief, the facts are, the appellant sustained

injuries in the accident that occurred on 14.11.2003. 

4.30 p.m., near 19th cross, 151 block, Rajajinagar,.-'4'i:§angaio1te.;""*iA '

on account of the rash and neg1igent:'driving'   it

cycle bearing No.KA--O9--K--96 by its  A':  

claimed compensation of Rs.3.2V5'.'vd:OQp/--. 'The  has it '

awarded compensation of 1?-1s..._1,15;OOoi]} 'with inte'res"t at 6%
p.a. from the date of petition   of payment.
Aggrieved by that, theiappeliantdhasfiled. appeal, seeking

enhancement.

5. '}The  the appellant contended
that the compensation" by the Tribunal towards loss
of_.atnenit_ié:.s of life inadequate. He also submitted that the

 any compensation towards loss of

:"V"i..fupture  loss of income during the period of

_fitreatn1ent,"  needs to be awarded, He, therefore.

 the impugned judgment and award needs to

  'V.bte.._fIiodified. L2



6. As against this, the learned counsel for the 151-
respondent submitted that, the Tribunal on proper

consideration of the material on record, has awarded just and
reasonable compensation and therefore, it does not

interference.

7. I have carefully considered the l

by the learned counsel for the parties.

8. The point that arises’ for

whether the Tribunal has awardedchjuyst and ‘ ‘reasonable

compensation?

9. the Tribunal has awarded a
sum of Rs.;10,pQOit’)°/’–._:’tovifardslloss of amenities of life and a
“of — disability. The appellant has

suffered “of~.oecipital bone, fracture of right parietal

“.__b”one and”ceerebralf~contusion and the injuries have resulted in

disability. The doctor has deposed that the

immediate memory is about 25% and the

V.

appellant will be prevented from doing his job successfully.

The appellant has to suffer discomfort throughout

However, there is no evidence that the appellant is ~

do any work. Therefore, corripensatiorr”cannot loe’i–Vawar_(::i~ed’.,, if

under the head of loss of future earninl’gs,:’.lou’t,

needs to be awarded under ”

discomfort. Having regard ,t’o._the piiattiirellof__disal:§i1ity”ar1d the

discomfort the appellant has r,co’r_1sidered view,
a sum of Rs.60,0Q0′,”‘:.,Vp:would ,;be..’a’-reasojnapble sum towards
loss of amenities and accordingly it is

awarded.

10. Thel”§.’_4riburiall4Vhasijlawarded a sum of Rs.5,000/–
towards of incorri-e. during the period of treatment taking

the’–incor’nepc=f’the«,appellant at Rs. 1,250 / – pm. The appellant

working» carpenter. Therefore, the income of the

.,ll_fpi*’apppellant be’ taken at Rs.3,000/– pm. Accordingly, a sum

– is awarded towards loss of income during the

H treatment.

L/

11. The compensation awarded by the Tribiiinal

towards pain and sufferings. medical and

expenses is just and proper and therefore, it does not oa’lls” ~

interference. p

12. The total compensation ‘payable ‘to

Rs. 1,417,000/- and the breakup is asV«llo1lows;

23.) Towards pain and sufferirigs’ _ 5 /..

b) Towards loss of amenities,ofv:’_fi _
Life and disabili§ty’«.._T_’. 1:

e) Towards medieal fRs.20,000/ —

d) Towards    ' ' »  _
Nourishing food. V'    ' ' Rs. 5,000/-

e) Towards losslof 

The period of treatrnevrit ‘ Rs. l2,000/-

Rs. 1 ,47,ooo/w

Ae’c’ordingly, the appeal is allowed and the

jndgment and award, passed by the Tribunal, in

“NVo;SCl)3/2004, stands modified, granting compensation

lo£rRs».11i,47,ooo/fi instead of Rs.1.l5,()00/– with interest at 6%

2/

p.a. from the date of petition til} the date of realization. The

15′ respondent shall deposit the amount within eight’

from today, excluding the amount aiready ”

entire amount enhanced shall be release-deintd .of4.J_thé.,.A

appellant.

Draw up the award, accordingty’;.,::’

-_ j .fgJUDGE

._ ‘-